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Many students in college start to form relationships, and many of these students that are in a serious relationship, do have intercourse. Intercourse now, has become a more sensitive topic. As within the last few years, many allegations have come up, with many college girls being raped on campus This has become a huge problem on campuses around the nation. So, to combat potential rise of rape, and to prevent them from happening the “Yes Means Yes” law was created. It is a new law that requires the approval of both parties in order to proceed with sexual actions. This law was passed to end sexual attacks on campus and this is the law that many colleges campuses like to apply. College rape is a nationwide matter that should be taken extremely seriously. “National debate has ensued -- and not just between liberals and conservatives, but also among liberals -- as to whether “yes means yes” might wind up creating more problems than it solves.”1

Specifically, on September 29, 2014, California passed the “Yes Means Yes” laws for college campuses. It is stated, “Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.”2 This bill was passed to help not only survivors of college rape, but also potential victims of college rape. As this prevents a miscommunication between partners, due to how a verbal yes is now needed to give consent. Cathy Young, a journalist known for her articles on feminism and rape, claims that “Nonverbal cues indicating consent are almost certainly present in most consensual sexual encounters”3 This is the main argument for many of those against the “Yes Means Yes” law. The focal point of this argument is that most people know, and understand when there is consent. This also brings up the argument that consent that “When women are not aggressive in rejecting sex, campus discourse may suggest that they did not do enough to prevent the assault . This can lead to internalized self-blame, prevent reporting...”4 Female college students are sometimes too scared to say no. When a rape incident is not reported, it is one more criminal not put behind bars. The victim will blame oneself, thinking that they did not stand up enough for oneself or at least, try and fight back. This is what colleges are trying to prevent, they want students to be encouraged that they have the power to report rapes.

Another focal point of debate about this law is that of the topic of drinking. Senator Kevin de León of California and Senator Hannah-Beth Jackson of Santa Barbara published the article saying, “A person who is incapacitated by drugs or alcohol cannot give consent”5. It is a perfectly valid statement,and one that is heavily spoken for on campuses. When one is affected by drugs or alcohol, their thinking is impacted, whether or not they are conscious, they are unable to give consent or not. The main point of argument though is when one of the people having intercourse are either drunk or high. The main argument of this is that both drugs and alcohol affect the mind’s communication system. Which affects speech, actions, and thoughts; and thus an individual cannot give consent after consuming alcohol and/or drugs. This is where many of the criticism is focused on. One of the many arguments against thisis that getting drunk is a choice, in which a person makes, the consequences of which are affected speech, actions, and thoughts. A person is still liable for the decisions that they make, drunk or not. A person is guilty of a crime he or she has committed, whether or not one is drunk. One committed the crime, so one must pay the consequences. Heather Wilhelm, a National Review columnist states that the “‘Yes means yes’ policies, at their heart, imply that it is normal, healthy, and a good idea to have sex with complete strangers.“6 But they also imply that it is normal and healthy to have sex with people you don’t trust. Why else would you have to draw up a sex contract? Why else would you need Andrew Cuomo to write your sexual rules for you? Despite years of ’feminist’ marketing, that’s not empowered in any way. It’s just creepy, and also kind of insane.”7 What Wilhelm means here is that having intimacy with a person must not be shared with anyone as, having sex is far different than making love. This is because, the argument being that having sex is “animalistic” or “lustful” while making love is just that, love. One is sharing that feeling with another person that they love and cherish, not just some stranger off the side of the street.

Many schools are now adding mandatory classes to teach students about what consent means. Evie Blad, a staff writer for Education Week, published an article about sex education classes starting in high schools, stating that “school districts that require students to complete a health course for graduation will soon be required to incorporate into that course instruction about sexual harassment and violence”8 This is a good idea, on paper, as it teaches the fundamentals of how to be careful when it comes with intercourse, especially what it means to have consent; but it is not needed, as anyone with a brain would know that consent should be given by both individuals, and when one person does not say yes or does not consent, the other should stop. Even with all this knowledge, many sexual assault cases have still gone unreported. This is because of the fear the rapist will return or that the authorities will just end up ignoring their case. This is supported by Ali Ingersoll, News 4 Reporter for WIVB.com, who writes about, ”with these resources available, the number of reported incidents is expected to increase.”9 A woman or man should not feel embarrassed or fearful to report a case of sexual assault as it is not merely a little problem; it is a worldwide problem that affects people to this day. Rape is a serious crime and should not be ignored.Thus, more and more ways have been invented to catch and arrest those who commit these crimes.

Advances in technology and even medicine has helped police find those responsible for the crimes. The somber news is that even with the advances in technology, Ted Rall, a cartoonist for the Los Angeles Times writes that “there’s often not enough physical evidence; nice - even if there is DNA -- to prove that a sexual encounter is rape”10 This branches of the topic of “how does one know that rape has been committed?” As, DNA evidence shows that sexual intercourse did in fact occur but it does not mean that rape occurred. This is a huge concern for those against this bill and due to how very difficult it is to prove, without other sufficient evidence, such as video tapes, that a person is guilty of rape. Rape is a very serious crime, and even the allegation of rape can ruin someone’s life. This is why, authorities take every precaution when it comes to accusing someone of a crime. This is seen through how many schools have disregarded sexual assault cases and just shoved them aside to take care of more important matters. Meredith Clark, a reporter for msnbc.com, says that “The State of California will not allow schools to sweep rape cases under the rug.”11 This means that passing the “Yes Means Yes” law will help prevent sexual assault cases and make sure schools do not forget the victims of rape. Rapists deserve to be punished because of their sins and crimes against humanity and culture. Rape has the ability traumatize their victims. Kevin de León, a Democratic politician, and Hannah-Beth Jackson a senator wrote an article saying that, “more students are coming forward to report crimes, and in time our campuses will be safer.”12 Not only does this help put rapists behind bars, but it also helps the victims feel that they are able to stand up not only for themselves but also to verbalize their experience and allow for a voice to be given to others.

Footnotes

[1] This topic is so controversial that it had caused some debate amongst political parties.

[1] Ted Rall. “Will 'Yes Means Yes' Create More Problems than It Solves?” Los Angeles Times. Los Angeles Times, October 30, 2014. http://www.latimes.com/nation/la-ol-rall-affirmative-consent-yes-means-yes-sex-contract-20141029-story.html.

[2] SB 967. Student Safety: Sexual Assault, Kevin DeLeon, Section 67386 to the Education Code, Sacramento, California, California State Legislature. September 28, 2014.

[3] Cathy Young. “Affirmative Consent in California: The Problem With 'Yes Means Yes'.”Time. Time, August 29, 2014. http://time.com/3222176/campus-rape-the-problem-with-yes-means-yes/.

[4] Jozkowski, Kristen N. “Yes Means Yes”? Sexual Consent Policy and College Students.” Change The Magazine of Higher Learning, March-April 2015. http://www.changemag.org/Archives/Back%20Issues/2015/March-April%202015/yes_full.html.

[5] Kevin de León and Jackson, Hannah-Beth. “Why We Made ‘Yes Means Yes’ California Law.” The Washington Post, October 13, 2015. https://www.washingtonpost.com/news/in-theory/wp/2015/10/13/why-we-made-yes-means-yes-california-law/.

[6] Wilhelm, Heather. “Do You Need Andrew Cuomo Writing Sex Rules for You?” Chicagotribune.com. Chicago Tribune, July 10, 2015. http://www.chicagotribune.com/news/opinion/commentary/ct-sex-contract-andrew-cuomo-lady-gaga-campus-sex-assault-perspec-0710-jm-20150709-story.html.

[7] Evie Blad. “California Blazes Trail With New Sex Education Mandates.” Education Week, October 13, 2015. http://www.edweek.org/ew/articles/2015/10/14/california-blazes-trail-with-new-sex-education.html.

[8] Ingersoll, Ali. “Advocates Hope ‘Yes Means Yes’ Law Has Impact As College Starts.” WIVB.com, August 25, 2015. http://wivb.com/2015/08/25/advocates-hope-yes-means-yes-law-has-impact-as-college-starts/.

[9]Wilhelm, Heather. “Do You Need Andrew Cuomo Writing Sex Rules for You?” Chicagotribune.com. Chicago Tribune, July 10, 2015. http://www.chicagotribune.com/news/opinion/commentary/ct-sex-contract-andrew-cuomo-lady-gaga-campus-sex-assault-perspec-0710-jm-20150709-story.html.

[10]Meredith Clark. “California Governor Signs ‘Yes Means Yes’ Campus Sexual Assault Bill.” MSNBC, September 29, 2014. http://www.msnbc.com/msnbc/california-governor-signs-yes-means-yes-campus-sexual-assault-bill#54395.

[11] Kevin de León and Jackson, Hannah-Beth, “Why We Made ‘Yes Means Yes’ California Law.” in The Washington Post(2015).

[12] Associated Press. “California To Require High Schools To Learn 'Yes Means Yes' Sex Policy.” Fox News, October 02, 2015. http://www.foxnews.com/us/2015/10/02/california-to-require-high-schools-to-learn-yes-means-yes-sex-policy/.

Bibliography

Associated Press. “California To Require High Schools To Learn 'Yes Means Yes' Sex Policy.” Fox News,

October 02, 2015. http://www.foxnews.com/us/2015/10/02/california-to-require-high-schools-to-

learn-yes-means-yes-sex-policy/.

Blad, Evie. “California Blazes Trail With New Sex Education Mandates.” Education Week, October 13,

2015. http://www.edweek.org/ew/articles/2015/10/14/california-blazes-trail-with-new-sex-

education.html.

Clark, Meredith. “California Governor Signs ‘Yes Means Yes’ Campus Sexual Assault Bill.” MSNBC,

September 29, 2014. http://www.msnbc.com/msnbc/california-governor-signs-yes-means-yes-

campus-sexual-assault-bill#54395.

Ingersoll, Ali. “Advocates Hope ‘Yes Means Yes’ Law Has Impact As College Starts.” WIVB.com, August

25, 2015. http://wivb.com/2015/08/25/advocates-hope-yes-means-yes-law-has-impact-as-college-

starts/.

Jozkowski, Kristen N. “Yes Means Yes”? Sexual Consent Policy and College Students.” Change The

Magazine of Higher Learning, March-April 2015. http://www.changemag.org/Archives/Back%2

0Issues/2015/March-April%202015/yes_full.html.

Kevin de León and Jackson, Hannah-Beth. “Why We Made ‘Yes Means Yes’ California Law.” The Washington

Post, October 13, 2015. https://www.washingtonpost.com/news/in-theory/wp/2015/10/13/why-we-

made-yes-means-yes-california-law/.

Rall, Ted. “Will 'Yes Means Yes' Create More Problems than It Solves?” Los Angeles Times. Los Angeles Times, October 30, 2014. http://www.latimes.com/nation/la-ol-rall-affirmative-consent-yes-means-yes-sex-contract-20141029-story.html.

SB 967. Student Safety: Sexual Assault. Kevin DeLeon. Section 67386 to the Education Code.

Sacramento, California. California State Legislature. September 28, 2014.

Wilhelm, Heather. “Do You Need Andrew Cuomo Writing Sex Rules for You?”

Chicagotribune.com. Chicago Tribune, July 10, 2015. http://www.chicagotribune.com/news/opinion/commentary/ct-sex-contract-andrew-cuomo-lady-gaga-campus-sex-assault-perspec-0710-jm-20150709-story.html.

Young, Cathy. “Affirmative Consent in California: The Problem With 'Yes Means Yes'.”Time. Time,

August 29, 2014. http://time.com/3222176/campus-r

11 footnotes/ endnotes citations

Yes - at least 11 citations are used., Error: you did not use a discussion footnote.

Superscripts

Superscripts used consecutively and effectively

Footnote/ Endnote

No discussion footnote was used - ERROR., Italics error for containers

Writing Errors

minimal or no writing errors

Writing

The voice of the essay is NOT appropriate to that of a college and does NOT address the issue of relationships on campus well.,

The voice of the college is NOT obvious., Sources/authors were properly introduced., Foil/Counter Argument was effectively used., Sources were evaluated and discussed.

Sources

All the sources in this paper are credible and academic

Bibliography - errors

Italics error for containers.

Readability

Well written, average writing

Misc. Comments

(Controversial point from yours truly: Unless you are a fictional member of a fictional band, it is generally not.) = this is not effective writing.

Be careful in your evaluation process, that you do not slip into sarcasm and ridicule. Keep it academic.

Content

Your argument makes sense and was persuasive.

Untitled document

Draft 2

Many students in college start to form relationships, and many of these students that are in a serious relationship, do have intercourse. Intercourse now, has become a more sensitive topic. As within the last few years, many allegations have come up, with many college girls being raped on campus. So, to combat potential rise of rape, and to prevent them from happening the “Yes Means Yes” law was created. It is a new law that requires the approval of both parties in order to proceed with sexual actions. This law was passed to end sexual attacks on campus. Rape is a nationwide matter that should be taken extremely seriously. “National debate has ensued -- and not just between liberals and conservatives, but also among liberals -- as to whether “yes means yes” might wind up creating more problems than it solves.”1

Specifically, on September 29, 2014, California passed the “Yes Means Yes” laws for college campuses. It is stated, “Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.”2 This bill was passed to help not only survivors of rape, but also potential victims of rape. As this prevents a miscommunication between partners, due to how a verbal yes is now needed to give consent. Cathy Young, a journalist known for her articles on feminism and rape, claims that “Nonverbal cues indicating consent are almost certainly present in most consensual sexual encounters”3 This is the main argument for many of those against the “Yes Means Yes” law. The focal point of this argument is that most people know, and understand when there is consent. This also brings up the argument that consent that “When women are not aggressive in rejecting sex, campus discourse may suggest that they did not do enough to prevent the assault. This can lead to internalized self-blame, prevent reporting...”4 Women are sometimes too scared to say no. When a rape incident is not reported, it is one more criminal not put behind bars. The victim will blame oneself, thinking that they did not stand up enough for oneself or at least, try and fight back.

Another focal point of debate about this law. Is that of the topic of drinking. Senator Kevin de León of California and Senator Hannah-Beth Jackson of Santa Barbara published the article saying, “A person who is incapacitated by drugs or alcohol cannot give consent”5. It is a perfectly valid statement, as when one is incapacitated by drugs and alcohol impact they are not conscious, to give consent or not. The main point of argument though is when one of the people having intercourse are either drunk or high. The main argument of this is that both drugs and alcohol affect the mind’s communication system. Which affects speech, actions, and thoughts; and thus an individual cannot give consent after consuming alcohol and/or drugs. This is where many of the criticism is focused on. One of the many arguments against thisis that getting drunk is a choice, in which a person makes, the consequences of which are affected speech, actions, and thoughts. A person is still liable for the decisions that they make, drunk or not. A person is guilty of a crime he or she has committed, whether or not one is drunk. One committed the crime, so one must pay the consequences. Heather Wilhelm, a National Review columnist states that the “‘Yes means yes’ policies, at their heart, imply that it is normal, healthy, and a good idea to have sex with complete strangers. (Controversial point from yours truly: Unless you are a fictional member of a fictional band, it is generally not.) But they also imply that it is normal and healthy to have sex with people you don’t trust. Why else would you have to draw up a sex contract? Why else would you need Andrew Cuomo to write your sexual rules for you? Despite years of ’feminist’ marketing, that’s not empowered in any way. It’s just creepy, and also kind of insane.”6 What Wilhelm means here is that having intimacy with a person must not be shared with anyone as, having sex is far different than making love. This is because, the argument being that having sex is “animalistic” or “lustful” while making love is just that, love. One is sharing that feeling with another person that they love and cherish, not just some stranger off the side of the street.

Many schools are now adding mandatory classes to teach students about what consent means. Evie Blad, a staff writer for Education Week, published an article about sex education classes starting in high schools, stating that “school districts that require students to complete a health course for graduation will soon be required to incorporate into that course instruction about sexual harassment and violence”7 This is a good idea, on paper, as it teaches the fundamentals of how to be careful when it comes with intercourse, especially what it means to have consent; but it is not needed, as anyone with a brain would know that consent should be given by both individuals, and when one person does not say yes or does not consent, the other should stop. Even with all this knowledge, many sexual assault cases have still gone unreported. This is because of the fear the rapist will return or that the authorities will just end up ignoring their case. This is supported by Ali Ingersoll, News 4 Reporter for WIVB.com, who writes about, ”with these resources available, the number of reported incidents is expected to increase.”8 A woman or man should not feel embarrassed or fearful to report a case of sexual assault as it is not merely a little problem; it is a worldwide problem that affects people to this day. Rape is a serious crime and should not be ignored.Thus, more and more ways have been invented to catch and arrest those who commit these crimes.

Advances in technology and even medicine has helped police find those responsible for the crimes. The somber news is that even with the advances in technology, Ted Rall, a cartoonist for the Los Angeles Times writes that “there’s often not enough physical evidence; nice - even if there is DNA -- to prove that a sexual encounter is rape”9 This branches of the topic of “how does one know that rape has been committed?” As, DNA evidence shows that sexual intercourse did infact occur but it does not mean that rape occurred. This is a huge concern for those against this bill and due to how very difficult it is to prove, without other sufficient evidence, such as video tapes, that a person is guilty of rape. Rape is a very serious crime, and even the allegation of rape can ruin someone’s life. This is why, authorities take every precaution when it comes to accusing someone of a crime. This is seen through how many schools have disregarded sexual assault cases and just shoved them aside to take care of more important matters. Meredith Clark, a reporter for msnbc.com, says that “The State of California will not allow schools to sweep rape cases under the rug.”10 This means that passing the “Yes Means Yes” law will help prevent sexual assault cases and make sure schools do not forget the victims of rape. Rapists deserve to be punished because of their sins and crimes against humanity and culture. Rape has the ability traumatize their victims. Kevin de León, a Democratic politician, and Hannah-Beth Jackson a senator wrote an article saying that, “more students are coming forward to report crimes, and in time our campuses will be safer.”11 Not only does this help put rapists behind bars, but it also helps the victims feel that they are able to stand up not only for themselves but also to verbalize their experience and allow for a voice to be given to others.